Migration for Employment Convention (Revised), 1949 (No. 97) - North Macedonia (Ratification: 1991)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes that the Government, in its report, indicates that it: (1) adopted the Law on Employment and Work of Foreigners of 2015, establishing the conditions for issuing work permits, the types of work permits, including the conditions for seasonal work and cross-border service provided by foreign companies through posted workers; (2) amended the Law on Foreigners in 2015, regulating visa requirements and the conditions for temporary or permanent residence of foreigners; and (3) adopted the Resolution on Migration Policy 2021–2025 (the Migration Policy). The Committee notes, however, that the Government refers in a very general manner to the existing legislation without providing specific information on how current trends in migration flows have affected the contents and implementation of its national immigration and emigration policy and legislation. The Committee therefore recalls that, under Article 1 of the Convention, ratifying States undertake to make available on request information on national policies, laws and regulations relating to emigration and immigration; on special provisions concerning migration for employment and the conditions of work and livelihood of migrants for employment as well as general agreements and special arrangements concluded on these questions. The Committee therefore requests the Government to: (i) indicate for each of the Articles of the Convention and questions set out in the report form, the relevant provisions of the legislation, as well as any other policy measures taken or envisaged, taking into account current trends in international migration; (ii) provide information on the working and living conditions of male and female migrant workers; and (iii) to provide a summary of the relevant legal provisions, in one of the official languages of the ILO.

General agreements and special arrangements. The Committee notes that under section 3 of the Law on Foreigners 2015, the Law shall apply to all foreigners, unless otherwise determined by law or by ratified international agreement. The Committee requests the Government to provide information on: (i) any bilateral agreement concluded on the matters covered by the Convention, and if possible, to provide a summary of their main provisions and objectives (in any of the ILO official languages); (ii) their practical application; and (iii) the estimated number of workers covered by these agreements.

Articles 2 and 4.Adequate and free services and measures to facilitate the migration process. The Committee takes due note of the Government’s indication that the four migration service Centres which operate in the country provide services, free of charge, for citizens seeking to migrate to other countries and for foreigners in the country or seeking to immigrate to the country. The Government further indicates that the Centres provide the following services: (1) information about the possibilities for legal migration, the conditions of legal migration, the positive sides/benefits of it, the dangers and risks of illegal migration; (2) information on the types of migration (work, study, family reunification), the procedures for qualification recognition, the visa regime, the living and working conditions in other countries, the competent institutions for regulating stay, employment, migrant rights and their support, reintegration programmes; and (3) assistance in using websites related to migration procedures and opportunities, information on the possibility of working and studying in Republic of North Macedonia. The Committee also notes that, among the priorities of the Migration Policy 2021–2025, are: (1) the necessity to ensure access to legal migration by, amongst other means, providing secure, flexible and cost-effective access to services for migrants; and (2) the improvement of quality of consular services provided to Macedonian citizens working and residing abroad. The Committee requests the Government to: (i) provide specific and detailed information on the measures taken by the migration service Centres, including within the framework of the Migration Policy, to facilitate the departure, arrival and reintegration of migrant workers; (ii) provide information on the measures taken to improve the quality of consular services provided to Macedonians outside the country; and (iii) indicate the number of nationals and foreign migrant workers benefiting from these services.

Article 3. Misleading propaganda. The Committee notes that one of the basic principles of the Migration Policy 2021–2025 is to ensure access to ‘legal’ migration by, among others, gathering reliable and timely information on migration flows and disseminating relevant information on migration policies and procedures so that migrants can make decisions based on relevant information. Noting the absence of information provided by the Government, the Committee once again asks it to: (i) indicate whether laws or regulations permit steps to be taken against misleading propaganda relating to emigration and immigration and whether any measures has been taken to cooperate with other governments in this regard; and (ii) provide information on any specific programmes aimed at informing the public about migration movements and preventing negative attitudes towards migrants, including within the framework of the Migration Policy 2021–2025.

Article 4. Measures to facilitate the departure, journey and arrival of migrant workers. Bilateral agreements. The Committee notes that supporting temporary circular migration (migration in which people repeatedly move back and forth between two or more countries) and facilitating the return of migrants is a priority of the Migration Policy 2021–2025. The Committee requests the Government to provide information on the measures taken, within the framework of the Migration Policy, to facilitate the return of migrant workers.With reference to its previous comment, the Committee also once again requests the Government to provide information on any bilateral agreements on seasonal workers (workers whose work is dependent on seasonal conditions and is performed only during part of the year) or posted workers (employees sent by their employer to carry out a specific task in another country on a temporary basis) which envisage arrangements to facilitate the departure, arrival and reintegration of migrant workers and to indicate the number of workers covered by these bilateral agreements.

Article 6. Equality of treatment. The Committee notes that: (1) section 4(6) of the new Law on Employment and Work of Foreigners prohibits the employer, when employing a foreigner, including a candidate for employment, to apply unequal treatment based on race, gender, religious belief and national origin, as well as on a range of other grounds; and (2) pursuant to section 133 of the Law on Foreigners, as amended, holders of a permanent residence permit shall enjoy the same rights as those of citizens, including, among others, social protection and trade union rights. The Committee notes the Government’s indication that the Commission for Prevention and Protection against Discrimination (CPPD) has reported that complaints based on the discrimination of migrant workers exist. However, the Government does not provide further information on the number and nature of the complaints and their outcomes. The Committee once again asks the Government to provide detailed information on: (i) the application in practice of the provisions prohibiting discrimination against migrant workers to both permanent and temporary migrant workers, including posted workers (sections 4 and 14(1) of the Law on the Prevention and Protection against, section 4(6) of the Law on Employment and Work of Foreigners and section 133 of the Law on Foreigners); (ii) any reported cases of discrimination handled by the labour inspection services, the department of labour or the courts, indicating the penalties imposed and remedies granted; and (iii) the measures taken to ensure that, in practice, no less favourable treatment is applied to these workers than that applied to nationals with respect to the matters covered in Article 6(1)(a) of the Convention, including remuneration, conditions of work, accommodation and trade union membership.

Article 6(1)(b). Social security.The Committee once again requests the Government to provide information indicating the relevant legislative and administrative measures that have been taken to ensure that immigrants receive treatment no less favourable than that applied to nationals with respect to social security in accordance with Article 6(1)(b) of the Convention.

Article 7. Public employment service. The Committee notes the Government’s indication that the Employment Service Agency (ESA) collaborates with other national and international employment services, through its membership in the World Association of Public Employment Services (WAPES) and the Centre for Public Employment Services of the South-East European Countries (CPESSEC). The Government adds that the ESA has also concluded bilateral agreements with the public employment Services of Hungary, Montenegro and Türkiye. With regard to persons in employment, and more specifically to seasonal workers, the Government states that the ESA provides assistance and information related to the situation on the labour market and vacancies, as well as on issues of registration and deregistration from compulsory social security, and any other information related to its work. The Committee takes note of this information, which addresses its previous requests.

Article 8. Maintenance of residence in case of incapacity for work. The Committee notes the Government’s indication that: (1) during the reporting period, 168 persons have obtained the status of permanent stay on the basis of employment; (2) pursuant to sections 88 and 91 of the Law on Foreigners, there is no legal basis for revoking the right to permanent stay, thereby signifying that injury or illness cannot lead to the loss of permanent residency; and (3) more specifically, with reference to section 88(1)(5), a foreigner who has obtained permanent residence status is entitled to social protection. The Committee welcomes the clarification provided by the Government, which addresses its previous requests.

Article 9. Earnings and savings. The Committee notes, from the Migration Policy 2021–2025, the data regarding the amounts of personal net transfers (remittances from workers) for 2015 to 2020. The Committee notes however that the Government did not reply to its previous requests for information on whether its law or regulations have fixed limits to the transfer of earnings of a migrant worker. Once again, the Committee requests the Government to indicate the limits within which the transfer of the earnings and savings of a migrant for employment is permitted by national laws and regulations and any special arrangements which may exist for the purpose.

Article 11. Frontier workers and short-term entry. The Committee notes the absence of information provided by the Government on this point. It notes that, pursuant to section 2(9) of the Law on Foreigners, the term “short-term stay” means a duration of no more than 90 days in any 180-day period, unless stated otherwise in the Law or in an international agreement. However, this definition relates to all foreigners entering the country and not specifically to the short-term entry of members of the liberal professions and artists for the purpose of work. The Committee therefore requests the Government to indicate if the new Law on Employment and Work of Foreigners defines the longest period which is regarded as constituting “short-term entry” within the meaning of Article 11(2)(b), in a similar manner than section 2(9) of the Law on Foreigners. Recalling that the legislation does not contain any definition of “frontier workers”, the Committee also once again invites the Governmentto specify, by amending its legislation, which categories of migrant workers would be regarded as “frontier workers” and thus excluded from the protection of the Convention.

Labour inspection and application of the Convention in practice. The Committee notes the Government’s reiterated indication that the Labour Inspectorate shall communicate reports on a regular basis concerning instituted proceedings and imposed penalties, and that the ESA is obliged to keep records on infringements committed by and penalties imposed on employers and foreigners. The Committee further notes the Government’s explanation that the ESA is not competent to provide information on court decisions. In that regard, the Committee wishes to stress that the Government should liaise with all relevant governmental agency and authority to compile the requested information. Noting that the Government did not reply to its previous requests, the Committee once again requests it to provide information on: (i) the concrete activities of the Labour Inspectorate to monitor the relevant legislation, including statistical data on the number of infringements found and penalties imposed, and their outcome for both the employer and the worker; and (ii) whether courts or other tribunals have adopted decisions involving questions of principle relating to the application of the Convention.

Statistics. The Committee notes the Government’s indication that: for 2012, 2,569 work permits were issued, out of which 1,498 were new permits; in 2013, 2,824 work permits were issued, out of which 1,756 were new permits; in 2014, 3,504 work permits were issued, out of which 2,195 were new permits; and, in 2015, 3,523 work permits were issued, out of which 2,103 were new permits. The Committee notes that the information provided by the Government specifies the sectors of activity in which foreign workers are mainly engaged (i.e.: cooking, sales, electrical technician, economist, etc.), their level of professional qualification and well as their country of origin. The Committee further notes, from the Migration Policy 2021-2025, that: (1) 2,104 Macedonian citizens went abroad in the period 2015–2019; (2) the most common destinations for Macedonian citizens in European countries of reception are Austria, Germany, Italy, Slovenia and Switzerland; (3) with regards to overseas emigration countries, Australia, Canada and the United States of America are among the preferred host countries, but the number of Macedonian citizens in Qatar and the United Arab Emirates is increasing; (4) the total number of Macedonian citizens residing in countries of reception around the world in the last decade has seen a continuous increase: 527,075 (2010), 562,907 (2015), 658,264 (2019) and 693,900 persons (2020), their share in European Union countries is 35.3 per cent (2010), 38.4 per cent (2015) and 37.5 per cent (2019); (5) the Republic of North Macedonia is in the group of top twenty countries in the world with the largest emigration abroad; and (6) the annual quota for work permits cannot exceed 5 per cent of the population of the Republic of North Macedonia that is legally employed, according to the data of the State Statistical Office. The Committee welcomes the Government’s information and requests it to continue to provide relevant statistics, disaggregated by sex, nationality and sector of activity of the migrants entering the territory for employment under the different work permits and on nationals migrating for employment to other countries. The Committee also once again asks the Government to communicate statistics regarding the implementation of the quota regime for third-country nationals.

Annexes I–III. The Committee once again requests the Government to provide detailed information on the applicable laws and policies applying the provisions in Annexes I–III of the Convention.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2012.

Repetition

The Committee notes the Government’s first and second reports on the Convention and the legislation attached. It also notes the information in the Government’s reports on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), to the extent that it relates to matters covered by Convention No. 97.

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes that extensive legislation has been adopted regulating the admission and employment of foreign workers, in particular the Law on Foreigners regulating visa requirements and the conditions for temporary or permanent residence of foreigners, and the Law on Employment and Work of Foreigners of 2007 establishing the conditions for issuing work permits, the type of work permits and the conditions for seasonal work and cross-border service provision by foreign companies through posted workers. It also notes the Government’s indication that the Resolution on Migration Policy of The former Yugoslav Republic of Macedonia defines the basic principles of the national migration policy and that the Action Plan for 2009–14 to implement the Resolution defines the obligations of the line ministries with a view to better managing the migration flows. The Committee notes the Government’s statement that full effect to the Convention is given mainly by the Law on Employment and Work of Foreigners of 2007, which has been amended in 2009, 2010 and 2011. The Committee requests the Government to indicate, as completely as possible, the specific relevant legal provisions in force for each of the questions in the report form, and to provide copies of the relevant texts of these provisions. The Committee also requests the Government to provide a copy of the Resolution on the Migration Policy and the Action Plan 2009–14, if available in any of the ILO languages, or to provide a summary of their contents, indicating the relevant sections giving effect to the provisions of the Convention.

General agreements and special arrangements. The Committee notes that bilateral agreements have been concluded with Slovenia and Qatar on seasonal workers and with Germany on detached workers. It also notes that section 3(3) of the Law on Employment and Work of Foreigners provides that the Law shall not apply to citizens of the European Union (EU) Member States when an international agreement provides for reciprocity in terms of free access to the labour market, employment and free flow of services by posted workers, as well as in relation to other forms of work that are subject to the Law; the issue of their employment and residence can be regulated with a relevant agreement. The Committee asks the Government to provide information on any bilateral agreement concluded regarding the employment and residence of workers from the EU Member States, including services by posted workers. Please also provide copies of these and other relevant agreements, as well as a summary of their main provisions and objectives, and information on their practical application and the number of workers covered.

Article 2. Services and assistance to migrant workers. The Committee notes from the Government’s report that there are four migration service centres functioning within the Employment Agency where migrant workers can get information on the labour market in The former Yugoslav Republic of Macedonia and in most European countries, Australia, Canada, Switzerland and the United States. The information and other services provided include training and counselling on certain topics, information and advice to migrants on employment and living conditions in a specific country, visa, work permit and residency procedures, immigration programmes, support and rights of migrants, reintegration programmes, and family reunification. A web page was also created for this purpose. The Committee requests the Government to provide additional information on the activities of the migration service centres and on the number of nationals and migrant workers benefiting from these services, and to indicate whether the services are provided free of charge.

Article 3. Misleading propaganda. The Committee notes the Government’s general statement that section 247 of the Criminal Code provides for specific sanctions for misleading other persons. The Committee requests the Government to indicate whether laws or regulations permit steps to be taken against misleading propaganda relating to emigration and immigration and whether any measures has been taken to cooperate with other governments in this regard. Please also provide information on any specific programmes aimed at informing the public about migration movements and preventing negative attitudes towards migrants.

Article 4. Measures to facilitate departure, the journey and arrival of migrant workers. The Committee notes the Government’s indication that measures to facilitate the departure of migrant workers is only organized through the bilateral agreements on seasonal workers and on detached workers. The Committee requests the Government to provide additional information on the number of workers covered by the bilateral agreements and on the type of arrangements made in the context of these agreements to facilitate the departure, arrival and reintegration of migrant workers.

Article 6. Equality of treatment. The Committee notes that section 4(7) of the Law on Employment and Work of Foreigners prohibits the employer, when employing a foreigner, including a candidate for employment, to apply unequal treatment based on race, gender, religious belief and national origin, as well as on a range of other grounds. Section 15(6) and (7) of the Law provides that the foreign employer of posted workers shall observe the conditions laid down in the Law on Labour Relations and that posted workers shall have minimum rights to working hours, breaks, holiday periods, night work, minimum annual leave, salaries, health care and safety at work and special protection to workers laid down in the regulations and the general collective agreement or in the industrial collective agreement which is more favourable to the workers. The Committee further notes that pursuant to section 88 of the Law on Foreigners, holders of a permanent residence permit shall enjoy the same rights as those of citizens, including, among others, social protection and trade union rights. It also notes that the Law on the Prevention and Protection against Discrimination prohibits direct and indirect discrimination with regard to labour relations, education, social security, housing, culture and participating and acting in a trade union in respect of a number of grounds, including citizenship or any other ground established by the law or by ratified international agreements (section 4). However, section 14(1) of the Law appears to allow for different treatment of persons who are not citizens of the The former Yugoslav Republic of Macedonia with regard to the rights and freedoms granted in the Constitution, the legislation and international agreements to which the The former Yugoslav Republic of Macedonia is a party, and which directly arise out of the citizenship of The former Yugoslav Republic of Macedonia. The Committee notes that it is unclear from the above mentioned legislation whether workers holding a temporary residence permit enjoy no less favourable treatment than that applied to nationals with respect to the matters covered in Article 6(1) of the Convention. The Committee requests the Government to provide detailed information on practical application of sections 4 and 14(1) of the Law on the Prevention and Protection against Discrimination, sections 4(7) and 15(6) and (7) of the Law on Employment and Work of Foreigners and section 88 of the Law on Foreigners, to both permanent and temporary migrant workers, including posted workers, and on the measures taken to ensure that no less favourable treatment is applied to these workers than that applied to nationals with respect to the matters covered in Article 6(1)(a) of the Convention, including remuneration, conditions of work, accommodation and trade union membership. Please also provide information on any discrimination claims brought by migrant workers before the Commission for the Protection against Discrimination and the courts, as well as the Office of the Ombudsperson.

Article 6(1)(b). Social security. The Committee notes from the Government’s report that the Government has concluded bilateral agreements with about 20 countries in the area of social insurance. The Committee notes section 12 of the Health Care Act by virtue of which foreigners and stateless persons employed in The former Yugoslav Republic of Macedonia shall exercise the right to health care within the scope and under the terms and conditions established for all other beneficiaries. Please provide additional information, indicating the relevant legislative and administrative measures that have been taken to ensure that immigrants receive treatment no less favourable than that applied to nationals with respect to social security in accordance with Article 6(1)(b) of the Convention.

Article 7. Public employment service. The Committee notes that the Employment Service Agency (ESA) is the public authority in charge of providing free employment services, including employment mediation (section 26 of the Law on Employment and Unemployment Insurance). The Government further indicates that the ESA and private employment agencies shall mutually exchange information on vacancies and match unemployed persons with available jobs. The Committee asks the Government to provide further information on the type of services provided to migrant workers in The former Yugoslav Republic of Macedonia by the Employment Service Agency and on the manner in which ESA cooperates with other services and employment services of other member States.

Article 8. Maintenance of residence in case of incapacity for work. The Committee notes that section 87 of the Law on Foreigners provides that a permanent residence permit shall be issued to foreigners who, prior to the application for permanent residence, have stayed for an uninterrupted period of minimum five years in The former Yugoslav Republic of Macedonia on the basis of a temporary residence permit. A permanent residence permit for the purposes of employment, work or self-employment, may be issued to a foreigner who possesses high or deficit qualifications or education necessary for the operation of the relevant institution in or authority in the country. The Committee further notes the Government’s explanations regarding the provisions in the Labour Relations Law dealing with termination of employment, and recalls that Article 8 of the Convention addresses the right of permanent migrant workers to maintain their residence permit if, as a result of injury sustained or illness contracted after entry, they are unable to work. The Committee requests the Government to provide information on the number of foreigners that have acquired permanent residency status in the country and to clarify whether permanent migrant workers may continue to reside in the country in the event of incapacity for work, and whether this right is maintained even if they find themselves without means of support.

Article 9. Earnings and savings. Please indicate the limits within which the transfer of the earnings and savings of a migrant for employment is permitted by national laws and regulations and any special arrangements which may exist for the purpose.

Article 11. Frontier workers and short-term entry. The Committee notes from the Government’s report that the legislation does not contain any definition of frontier worker. The Committee invites the Government to specify which categories of migrant workers would be regarded as “frontier workers”. Please also indicate the longest period which is regarded as constituting “short-term entry” within the meaning of Article 11(2)(b).

Part III to V of the report form. The Committee notes that the Ministry of Labour and Social Policy and the State Labour Inspectorate are competent to enforce the Law on the Employment and Work of Foreigners, as well as the Labour Relations Law. The Labour Inspectorate shall communicate reports on a regular basis concerning instituted proceedings and imposed penalties, and the ESA is obliged to keep records on infringements committed by and penalties imposed on employers and foreigners. The Committee asks the Government to provide information on the activities of the Labour Inspectorate to monitor the relevant legislation, including the number of infringements found and penalties imposed, and their outcome for both the employer and the worker. Please also indicate whether courts or other tribunals have given decisions involving questions of principle relating to the application of the Convention.

Statistics. The Committee notes from the Government’s report that in the course of 2009, 1,148 permits for employment of foreign citizens were issued out of which 473 were new permits. The Committee also notes the Government’s indication that the Law on Employment and Work of Foreigners was amended to facilitate the procedure for obtaining work permits and to simplify the procedure for certain foreign citizens. The Committee notes that during 2011, the ESA issued 1,871 work permits out of which 1002 were new permits. The Government indicates that the majority of foreigners have completed secondary and higher education and belong to the category of administrative employees. The Committee requests the Government to continue to provide relevant statistics, disaggregated by sex and nationality and sector of activity of the migrants entering the territory for employment under the different work permits, and to provide such statistics for the number of Macedonian men and women migrating for employment to other countries. Please also provide statistics regarding the implementation of the quota regime for third-country nationals.

Annexes I–III. The Committee requests the Government to provide detailed information on the applicable laws and policies applying the provisions in Annexes I–III of the Convention.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the Government’s first and second reports on the Convention and the legislation attached. It also notes the information in the Government’s reports on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), to the extent that it relates to matters covered by Convention No. 97.

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes that extensive legislation has been adopted regulating the admission and employment of foreign workers, in particular the Law on Foreigners regulating visa requirements and the conditions for temporary or permanent residence of foreigners, and the Law on Employment and Work of Foreigners of 2007 establishing the conditions for issuing work permits, the type of work permits and the conditions for seasonal work and cross-border service provision by foreign companies through posted workers. It also notes the Government’s indication that the Resolution on Migration Policy of The former Yugoslav Republic of Macedonia defines the basic principles of the national migration policy and that the Action Plan for 2009–14 to implement the Resolution defines the obligations of the line ministries with a view to better managing the migration flows. The Committee notes the Government’s statement that full effect to the Convention is given mainly by the Law on Employment and Work of Foreigners of 2007, which has been amended in 2009, 2010 and 2011. Nonetheless a number of texts of other relevant laws and regulations, or amendments to the abovementioned legislation, are not at the Committee’s disposal in any of the working languages of the Office, and the Committee will undertake a more detailed examination of the legislation once the relevant texts have been translated. The Committee requests the Government to indicate, as completely as possible, the specific relevant legal provisions in force for each of the questions in the report form, and to provide copies of the relevant texts of these provisions. The Committee also requests the Government to provide a copy of the Resolution on the Migration Policy and the Action Plan 2009–14, if available in any of the ILO languages, or to provide a summary of their contents, indicating the relevant sections giving effect to the provisions of the Convention.

General agreements and special arrangements. The Committee notes that bilateral agreements have been concluded with Slovenia and Qatar on seasonal workers and with Germany on detached workers. It also notes that section 3(3) of the Law on Employment and Work of Foreigners provides that the Law shall not apply to citizens of the European Union (EU) Member States when an international agreement provides for reciprocity in terms of free access to the labour market, employment and free flow of services by posted workers, as well as in relation to other forms of work that are subject to the Law; the issue of their employment and residence can be regulated with a relevant agreement. The Committee asks the Government to provide information on any bilateral agreement concluded regarding the employment and residence of workers from the EU Member States, including services by posted workers. Please also provide copies of these and other relevant agreements, as well as a summary of their main provisions and objectives, and information on their practical application and the number of workers covered.

Article 2. Services and assistance to migrant workers. The Committee notes from the Government’s report that there are four migration service centres functioning within the Employment Agency where migrant workers can get information on the labour market in The former Yugoslav Republic of Macedonia and in most European countries, Australia, Canada, Switzerland and the United States. The information and other services provided include training and counselling on certain topics, information and advice to migrants on employment and living conditions in a specific country, visa, work permit and residency procedures, immigration programmes, support and rights of migrants, reintegration programmes, and family reunification. A web page was also created for this purpose. The Committee requests the Government to provide additional information on the activities of the migration service centres and on the number of nationals and migrant workers benefiting from these services, and to indicate whether the services are provided free of charge.

Article 3. Misleading propaganda. The Committee notes the Government’s general statement that section 247 of the Criminal Code provides for specific sanctions for misleading other persons. The Committee requests the Government to indicate whether laws or regulations permit steps to be taken against misleading propaganda relating to emigration and immigration and whether any measures has been taken to cooperate with other governments in this regard. Please also provide information on any specific programmes aimed at informing the public about migration movements and preventing negative attitudes towards migrants.

Article 4. Measures to facilitate departure, the journey and arrival of migrant workers. The Committee notes the Government’s indication that measures to facilitate the departure of migrant workers is only organized through the bilateral agreements on seasonal workers and on detached workers. The Committee requests the Government to provide additional information on the number of workers covered by the bilateral agreements and on the type of arrangements made in the context of these agreements to facilitate the departure, arrival and reintegration of migrant workers.

Article 6. Equality of treatment. The Committee notes that section 4(7) of the Law on Employment and Work of Foreigners prohibits the employer, when employing a foreigner, including a candidate for employment, to apply unequal treatment based on race, gender, religious belief and national origin, as well as on a range of other grounds. Section 15(6) and (7) of the Law provides that the foreign employer of posted workers shall observe the conditions laid down in the Law on Labour Relations and that posted workers shall have minimum rights to working hours, breaks, holiday periods, night work, minimum annual leave, salaries, health care and safety at work and special protection to workers laid down in the regulations and the general collective agreement or in the industrial collective agreement which is more favourable to the workers. The Committee further notes that pursuant to section 88 of the Law on Foreigners, holders of a permanent residence permit shall enjoy the same rights as those of citizens, including, among others, social protection and trade union rights. It also notes that the Law on the Prevention and Protection against Discrimination prohibits direct and indirect discrimination with regard to labour relations, education, social security, housing, culture and participating and acting in a trade union in respect of a number of grounds, including citizenship or any other ground established by the law or by ratified international agreements (section 4). However, section 14(1) of the Law appears to allow for different treatment of persons who are not citizens of the The former Yugoslav Republic of Macedonia with regard to the rights and freedoms granted in the Constitution, the legislation and international agreements to which the The former Yugoslav Republic of Macedonia is a party, and which directly arise out of the citizenship of The former Yugoslav Republic of Macedonia. The Committee notes that it is unclear from the above mentioned legislation whether workers holding a temporary residence permit enjoy no less favourable treatment than that applied to nationals with respect to the matters covered in Article 6(1) of the Convention. The Committee requests the Government to provide detailed information on practical application of sections 4 and 14(1) of the Law on the Prevention and Protection against Discrimination, sections 4(7) and 15(6) and (7) of the Law on Employment and Work of Foreigners and section 88 of the Law on Foreigners, to both permanent and temporary migrant workers, including posted workers, and on the measures taken to ensure that no less favourable treatment is applied to these workers than that applied to nationals with respect to the matters covered in Article 6(1)(a) of the Convention, including remuneration, conditions of work, accommodation and trade union membership. Please also provide information on any discrimination claims brought by migrant workers before the Commission for the Protection against Discrimination and the courts, as well as the Office of the Ombudsperson.

Article 6(1)(b). Social security. The Committee notes from the Government’s report that the Government has concluded bilateral agreements with about 20 countries in the area of social insurance. The Committee notes section 12 of the Health Care Act by virtue of which foreigners and stateless persons employed in The former Yugoslav Republic of Macedonia shall exercise the right to health care within the scope and under the terms and conditions established for all other beneficiaries. Please provide additional information, indicating the relevant legislative and administrative measures that have been taken to ensure that immigrants receive treatment no less favourable than that applied to nationals with respect to social security in accordance with Article 6(1)(b) of the Convention.

Article 7. Public employment service. The Committee notes that the Employment Service Agency (ESA) is the public authority in charge of providing free employment services, including employment mediation (section 26 of the Law on Employment and Unemployment Insurance). The Government further indicates that the ESA and private employment agencies shall mutually exchange information on vacancies and match unemployed persons with available jobs. The Committee asks the Government to provide further information on the type of services provided to migrant workers in The former Yugoslav Republic of Macedonia by the Employment Service Agency and on the manner in which ESA cooperates with other services and employment services of other member States.

Article 8. Maintenance of residence in case of incapacity for work. The Committee notes that section 87 of the Law on Foreigners provides that a permanent residence permit shall be issued to foreigners who, prior to the application for permanent residence, have stayed for an uninterrupted period of minimum five years in The former Yugoslav Republic of Macedonia on the basis of a temporary residence permit. A permanent residence permit for the purposes of employment, work or self-employment, may be issued to a foreigner who possesses high or deficit qualifications or education necessary for the operation of the relevant institution in or authority in the country. The Committee further notes the Government’s explanations regarding the provisions in the Labour Relations Law dealing with termination of employment, and recalls that Article 8 of the Convention addresses the right of permanent migrant workers to maintain their residence permit if, as a result of injury sustained or illness contracted after entry, they are unable to work. The Committee requests the Government to provide information on the number of foreigners that have acquired permanent residency status in the country and to clarify whether permanent migrant workers may continue to reside in the country in the event of incapacity for work, and whether this right is maintained even if they find themselves without means of support.

Article 9. Earnings and savings. Please indicate the limits within which the transfer of the earnings and savings of a migrant for employment is permitted by national laws and regulations and any special arrangements which may exist for the purpose.

Article 11. Frontier workers and short-term entry. The Committee notes from the Government’s report that the legislation does not contain any definition of frontier worker. The Committee invites the Government to specify which categories of migrant workers would be regarded as “frontier workers”. Please also indicate the longest period which is regarded as constituting “short-term entry” within the meaning of Article 11(2)(b).

Part III to V of the report form. The Committee notes that the Ministry of Labour and Social Policy and the State Labour Inspectorate are competent to enforce the Law on the Employment and Work of Foreigners, as well as the Labour Relations Law. The Labour Inspectorate shall communicate reports on a regular basis concerning instituted proceedings and imposed penalties, and the ESA is obliged to keep records on infringements committed by and penalties imposed on employers and foreigners. The Committee asks the Government to provide information on the activities of the Labour Inspectorate to monitor the relevant legislation, including the number of infringements found and penalties imposed, and their outcome for both the employer and the worker. Please also indicate whether courts or other tribunals have given decisions involving questions of principle relating to the application of the Convention.

Statistics. The Committee notes from the Government’s report that in the course of 2009, 1,148 permits for employment of foreign citizens were issued out of which 473 were new permits. The Committee also notes the Government’s indication that the Law on Employment and Work of Foreigners was amended to facilitate the procedure for obtaining work permits and to simplify the procedure for certain foreign citizens. The Committee notes that during 2011, the ESA issued 1,871 work permits out of which 1002 were new permits. The Government indicates that the majority of foreigners have completed secondary and higher education and belong to the category of administrative employees. The Committee requests the Government to continue to provide relevant statistics, disaggregated by sex and nationality and sector of activity of the migrants entering the territory for employment under the different work permits, and to provide such statistics for the number of Macedonian men and women migrating for employment to other countries. Please also provide statistics regarding the implementation of the quota regime for third-country nationals.

Annexes I–III. The Committee requests the Government to provide detailed information on the applicable laws and policies applying the provisions in Annexes I–III of the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s first report and the legislation attached thereto. The Committee also notes the Government’s first report on the application of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), which includes a number of legislative texts, most of which are in the national language and not yet available in any of the official working languages of the Office. As some of these texts are likely to be of relevance to the application of this Convention, the Committee will examine the Government’s first report once translations of the legislative texts have been obtained. The Committee notes, however, that the Government’s report provides very little or no information in reply to the questions raised in Part II of the report form approved by the Governing Body regarding Annexes I to III of the Convention (which the Government has accepted), as well as Parts III to V of the report form.

While awaiting the translation of the relevant legislation, the Committee asks the Government to provide additional information in reply to all the questions raised in Parts II, III, IV and V of the report form approved by the Governing Body, with an indication of the specific provisions in the legislation attached to the Government’s first report or in any other legislative texts that are relevant. Please provide all relevant information, including reports or surveys, statistics disaggregated by sex, administrative regulations, collective agreements and court decisions which give effect to the Convention, to allow the Committee to assess how the Convention is being applied in practice.